Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-04-29
DRUG FAILURE.
r. A.NCABB MAKES AN ASSIGNMENT YES
TRRDAY MORNING.
]. l. Rodgers tho AssigDee-Ths Liabilities Prob
ably SlSOOO-SynoPsis Of the Dead
Of Assignment

Yesterday deed of assignment made by
X. A. McCabs, the well known wholesale
druggist, doing business 1T No. 1905 Main
street, to J. v. L. Rodgers, was admitted
to record in the County Clerks Office. The
exact amount of the liabilities is not
known, but it is thought they will reach
something like SIS, 900, and it is thought
the assets will not be sufficient to cover
them. A synopsis of the deed reads as
follows:
This deed made the 2sth day of April,
1887, between Robert A. McCabe to John
V. l.. Rodgers, doth grant, convey, set
over and assign to the party of the second
part the stock of drugs, medicines aud
chemicals, aud all other goods Of every
kind belonging to the first party, and con-
tanned in the building No. 1905 Main
street, where the assinOr has been en-
gagged in business as wholesale druggist
also the fixtures, furniture and other prop.
erty in said building belonging TO
the assignOr, and used by him
in his said business and all
notes, bills, accounts, debts and evidences
of debt due or belonging 10 the said hrst
party, also the household and kitchen fur
niture and all other personal property con-
tanned in his residence in the village of
LeatherwOOd, that the assignee may take
possession of the said property and receive
and receipt for the same and generally do
all things necessary for the obtaining pos
session of and for the converting into
money of tine said property and Of every
part Of the same. The said assignee is also
authorized to employ all necessary attOr-
neys. agents, &c, and to sell the property
at either private or public sale, as he may
see fit. The assignOr excerpts from the con-
veyanc0 the usual amount OfprOperty, not
to exceed 5000.
OF the fund arising from the property the
assignee is instructed TO dispose as follows
in the order named:
First-He shall pay to A. Allan Howell
such amount as may be necessary to salts
fly the rent due on the building 1905 Main
street
Second-He shall pay to II. NJ. Russell
the sum of $50 for legal services, and also
pay the expenses Of executing the trust,
including reasonable compensation to
himself.
Third-He shall pay to II. l. Roberts
such amount as may be due him for his
salary, and also pay to Z. c. Bayha such
amount as may be due him for the same.
FOurth-ShOuld any residue then re-
main the assignee shall then apply the
same to the payment of a note made by
the assignOr for 81, 700 dated the 18th day
of December, 1886, and payable four months
after date to the order of w. +. Hughes,
which note is held by the Exchange bank,
and which is the renewal of note en-
dorsed by the said w. E. Hughes covered
by a deed of trust upon certain property in
LeatherwOod belonging TO the assignOr's
wife, and the said note shall be paid in its
order so that the said real property shall
be relieved of the lien of the said deed OF
trust.
Fitth--Should any residue then remain
the assignee shall apply the same to tn,
payment ola note made by the assignOr for
the sum of So, 600, dated April Ii, 1881,
and payable four months after date to the
order OF the first party and endorsed by him,
which note is held by the Peoples Bank
of Wheeling, to secure the payment of
which deed of trust was given upon the
said real property Of the assiguor's wife,
the said deed of trust being dated April
13, 1881. The last mentioned note shall
be paid in its order so that the property
shall be relieved of the lien of the last
mentioned deed Oftrust.
Sixth-ShOuld any residue then remain
the assignee shall apply the same to the
payment ratably of all other debts OF the
assgnOr, the assignee giving notice of his
intention to do so by properly advertising
the same, after which he shall pay ratabiy
such debts rs he may thereafter receive
notice of
Mr.. McCabe's countless friends in Wheel
ing, and wherever he is known, will be
panied to learn ofhis misfortune, which, by
hard work, close attention to business, and
unlimited energy, he has attempted to
avert lie has the sincere sympathy OF
his business and social acquaintance, all
of whom hold him in the highest regard
and esteem, and it is hoped he may be
able to arrange matters SO that he can
continue business with success.